Text: HF00455 Text: HF00457 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 456 1 2 1 3 AN ACT 1 4 RELATING TO CITY CIVIL SERVICE AND PROVIDING AN EFFECTIVE 1 5 DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 400.1, Code 1997, is amended to read as 1 10 follows: 1 11 400.1 APPOINTMENT OF COMMISSION. 1 12 In cities having a population of eight thousand or over,1 13 and having a paid fire department or a paid police department, 1 14 the mayor, one year after each regular municipal election, 1 15 with the approval of the council, shall appoint three civil 1 16 service commissioners who shall hold office, one until the 1 17 first Monday in April of the second year, one until the first 1 18 Monday in April of thefourththird year, and one until the 1 19 first Monday in April of thesixthfourth year after such 1 20 appointment, whose successors shall be appointed for a term of 1 21sixfour years. In cities having a population of more than 1 22 one hundred thousand, the city council may establish, by 1 23 ordinance, the number of civil service commissioners at not 1 24 less than three. 1 25 For the purpose of determining the population of a city 1 26 under thissectionchapter, the federal census conducted in 1 27 1980 shall be used.This paragraph is void effective July 1,1 282001.1 29 Sec. 2. Section 400.4, unnumbered paragraph 1, Code 1997, 1 30 is amended to read as follows: 1 31 The commission shall elect a chairperson from among its 1 32 members. In cities having a population of more than seventy- 1 33 five thousand, the commission shall appoint a clerk of the 1 34 commission. In all other cities the city clerk or a designee 1 35 of the city clerk shall be clerk of the commission. If an 2 1 employee is appointed clerk of the commission who is employed 2 2 in a civil service status at the time of appointment as clerk 2 3 of the commission, the appointee shall retain the civil 2 4 service rights held before the appointment. However, this 2 5 section does not grant civil service status or rights to the 2 6 employee in the capacity of clerk of the commission nor extend 2 7 any civil service right upon which the appointee may retain 2 8 the position of clerk of the commission. 2 9 Sec. 3. Section 400.6, subsection 2, Code 1997, is amended 2 10 to read as follows: 2 11 2. The city clerk, chief deputy city clerk, city 2 12 attorneys, city treasurer, city assessor, city auditor, 2 13 professional cityengineerengineers licensed in this state, 2 14 and city health officer. 2 15 Sec. 4. Section 400.7, subsection 3, unnumbered paragraph 2 16 1, Code 1997, is amended to read as follows: 2 17 An employee who has not completed the required probationary 2 18 period but who otherwise meets therequirements of subsection2 191 or 2minimum qualifications established for the position or 2 20 who passes a qualifying noncompetitive examination for the 2 21 position shall receive full civil service rights in the 2 22 position upon the completion of the probationary period. 2 23 Sec. 5. Section 400.9, subsection 3, Code 1997, is amended 2 24 to read as follows: 2 25 3. Vacancies in civil service promotional grades shall be 2 26 filled by lateral transfer, voluntary demotion, or promotion 2 27 of employees of the city to the extent that the city employees 2 28 qualify for the positions. When laterally transferred, 2 29 voluntarily demoted, or promoted, an employee shall hold full 2 30 civil service rights in the position. If an employee of the 2 31 city does not passone of two successivethe promotional 2 32examinationsexamination and otherwise qualify for a vacated 2 33 position, or if an employee of the city does not apply for a 2 34 vacated position, an entrance examination may be used to fill 2 35 the vacancy. 3 1 Sec. 6. Section 400.11, unnumbered paragraphs 1 and 2, 3 2 Code 1997, are amended to read as follows: 3 3 The commission, withinninetyone hundred eighty days after 3 4 the beginning of each competitive examination for original 3 5 appointmentor for promotion, shall certify to the city 3 6 council a list of the names ofthe tenforty persons, or a 3 7 lesser number as determined by the commission, who qualify 3 8 with the highest standing as a result of each examination for 3 9 the position they seek to fill, or the number which have 3 10 qualified if less thantenforty, in the order of their 3 11 standing, and all newly created offices or other vacancies in 3 12 positions under civil service which occur before the beginning 3 13 of the next examination for the positions shall be filled from 3 14 the lists, or from the preferred list existing as provided for 3 15 in case of diminution of employees, within thirty days. If a 3 16 tie occurs in the examination scores which would qualify 3 17 persons for thetenthlast position on the list, the list of 3 18 the names of the persons who qualify with the highest standing 3 19 as a result of each examination shall include all persons who 3 20 qualify for thetenthlast position. Preference for temporary 3 21 service in civil service positions shall be given those on the 3 22 lists. However, the commission may certify a list of names 3 23 eligible for appointment subject to successfully completing a 3 24 medical examination. The medical examination shall be 3 25 provided pursuant to commission rules adopted under section 3 26 400.8. 3 27 The commission may hold in reserve, for original 3 28 appointmentsand for promotions, additional lists often3 29 forty persons, each next highest in standing, in order of 3 30 their grade, or such number as may qualify if less thanten3 31 forty. If the list oftenup to forty persons provided in the 3 32 first paragraph is exhausted within one year, the commission 3 33 may certify such additional lists oftenup to forty persons 3 34 each, in order of their standing, to the council as eligible 3 35 for appointment to fill such vacancies as may exist.However,4 1for original appointments only, no more than four lists of ten4 2persons each shall be certified for each one-year period of4 3eligibility.4 4 Sec. 7. Section 400.11, unnumbered paragraph 3, Code 1997, 4 5 is amended by striking the paragraph and inserting in lieu 4 6 thereof the following: 4 7 The commission, within ninety days after the beginning of 4 8 each competitive examination for promotion, shall certify to 4 9 the city council a list of names of the ten persons who 4 10 qualify with the highest standing as a result of each 4 11 examination for the position the persons seek to fill, or the 4 12 number which have qualified if less than ten, in the order of 4 13 their standing and all newly created offices or other 4 14 vacancies in positions under civil service which occur before 4 15 the beginning of the next examination for the positions shall 4 16 be filled from the lists, or from the preferred list existing 4 17 as provided for in the case of diminution of employees, within 4 18 thirty days. If a tie occurs in the examination scores which 4 19 would qualify persons for the tenth position on the list, the 4 20 list of names of the persons who qualify with the highest 4 21 standing as a result of each examination shall include all 4 22 persons who qualify for the tenth position. 4 23 Sec. 8. Section 400.15, unnumbered paragraph 3, Code 1997, 4 24 is amended to read as follows: 4 25 All such appointments or promotions shall promptly be 4 26 reported to the clerk of the commission by the appointing 4 27 officer. An appointing authority may transfer an employee, 4 28 other than police officers and fire fighters, with the4 29employee's consent without coercion,from one department to 4 30 the same civil service classification in another department, 4 31 and such employee shall retain the same civil service status. 4 32 Sec. 9. EFFECTIVE DATE AND TRANSITION PROVISIONS. Section 4 33 1 of this Act takes effect January 1, 1998. All city civil 4 34 service commissioners serving unexpired terms of office on 4 35 January 1, 1998, may continue to serve their unexpired terms 5 1 of office until April 6, 1998, when their terms of office 5 2 shall expire. Their successors shall be appointed or 5 3 reappointed by the mayor with approval of the city council to 5 4 initial terms of office as provided in section 1 of this Act 5 5 and thereafter to four-year terms. 5 6 5 7 5 8 5 9 RON J. CORBETT 5 10 Speaker of the House 5 11 5 12 5 13 5 14 MARY E. KRAMER 5 15 President of the Senate 5 16 5 17 I hereby certify that this bill originated in the House and 5 18 is known as House File 456, Seventy-seventh General Assembly. 5 19 5 20 5 21 5 22 ELIZABETH ISAACSON 5 23 Chief Clerk of the House 5 24 Approved , 1997 5 25 5 26 5 27 5 28 TERRY E. BRANSTAD 5 29 Governor
Text: HF00455 Text: HF00457 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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